IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Prohibition and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Jayasekara Withanage Ruwan Chamara, (Alias Midigama Ruwan), Dolosgodaw atta, Ibbawala, Court of Appeal Writ Weligama.

Application No: (Currently detained at Boossa Prison)

CA/WRT/712/2025 PETITIONER vs

1. The Assitant Superintendent of Prison, Boossa Prison, Boossa, Galle.

2. Acting Commissioner General of Prisons, Prison Headquarters, No 150, Baseline Road, Colombo 09.

AND 05 OTHERS RESPONDENTS Before: Hon. Justice N. R. Abeysuriya PC (P/CA)

Hon. Justice K. P. Fernando Counsel: Pradeep Mahamuthugala for the Petitioner instructed by Jaliya Samarasinghe Shanil Kularathne PC A.S.G for the Respondents.

Supported On: 17/07/2025 Decided On: 04/09/2025 N. R. Abeysuriya, PC, J. (P/CA), The facts of this case briefly are as follows, The Petitioner of this matter is a prisoner who is currently incarcerated at the Boossa Prison. As disclosed in the Petition itself, he has several criminal cases pending against him for committing offences of attempted murder, criminal intimidation, two cases of murder, causing mischief to vehicles, attempted robbery of firearms from the police, theft of firearms from the production room of the Matara Magistrate’s Court and possession of firearms and ammunition.

The Petitioner has disclosed that he was extradited to Sri Lanka pursuant to a red notice issued by Interpol. The principal contention of the Petitioner is that he has been subjected to frequent and arbitrary searches even at irregular hours by personnel attached to the Police Special Task Force (STF) inside the Boossa Prison. He further alleges that there also have been acts of intimidation and physical/ psychological abuse being committed during such searches. The Petitioner has contended that deployment of STF officers is ultra vires of the provisions of the Prisons Ordinance.

He has inter alia prayed for the following reliefs, I. Issue a mandate in the nature of a writ of Prohibition restraining the 1^st to 4^th Respondents, their subordinate officers, servants, agents or individuals acting under their authority, the continued deployment and operation of the Special Task Force (STF) within the internal premises of Boossa Prison.

II. Issue a mandate in the nature of a writ of Mandamus directing the relevant Respondents to ensure that all custodial and disciplinary functions within Boossa Prison are carried out exclusively by officers of the Department of Prisons in accordance with the Prison Ordinance and applicable regulations.

The Petitioner also contends that the Boossa Prison is currently classified as a High Security Prison and such description/classification is irregular and as such not valid. With regard to the aforesaid “classification”, the Petitioner states that there is no documentary proof of the declaration to the effect that the Boossa Prison has been so classified and as per the Petition of the Petitioner, there is only a verbal declaration at a function by the Commissioner General of Prisons. The fact that there is no gazette notification or any such document declaring the Boossa Prison as a High Security Prison is not in dispute since both the Petitioner and the Respondents have admitted the non- existence of such documents. In the aforesaid circumstances this Court is unable to consider the legality of such non-existent classification.

It does appear from the pleadings filed by the Petitioner that the only issue which warrants consideration by Court in the instant writ application is the “legality” of the deployment of STF personnel for the purpose of conducting searches on the Petitioner.

In response to the submissions of the Petitioner, the Learned Additional Solicitor General on behalf of the Respondents apprised Court the circumstances under which the officers of the STF were d